Patna High CourtCR. MISC./12497/2020allowed

Lalbabu Sahni v. The State Of Bihar

2020-03-06Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12497 of 2020 Arising Out of PS. Case No.-410 Year-2019 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== 1.

Lalbabu Sahni S/o Mahanth Sahani 2.

Ramdhani Sahni S/o Lorik Sahani @ Lodik Sahani Both are resident of Village- Tikuliya Dhab Tola, P.S.- Muffasil, DistrictEast Champaran ... ... Petitioners

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr. Kundan Rathore, Mr.Hemant Kumar Sharan, Advocates For the Opposite Partys :

Mr.Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 06-03-2020 Heard learned counsel for the petitioners and learned Additional Public Prosecutor appearing on behalf of the State. The petitioners are apprehending arrest in connection with Mufasil P.S. Case No. 410 of 2019 for offences under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioners submits that the petitioners have no criminal antecedent. He further submits that in the instant case, total 13 litres of country made liquor was seized from the motorcycle parked in front of the house of the petitioners. It is further submitted that nothing was recovered from conscious possession of the petitioners.

Patna High Court CR. MISC. No.12497 of 2020(2) dt.06-03-2020 2/2 Considering the fact that the petitioners have no criminal antecedent and liquor was seized from the motorcycle parked in front of the house of the petitioners, this Court is inclined to grant bail to them. Let petitioners, above-named, in the event of arrest or surrender within one month from today, be released on bail on furnishing bail bond of Rs. 50,000/- (Rupees fifty thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge 9th-cum- Special Judge Excise , Motihari, East Champaran in connection with Mufasil P.S. Case No. 410 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anil Kumar Upadhyay, J) BT/- U T